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BEAR COAL COMPANY, INC. <br />BEAR NO. 3 MINE <br />IMPOUNDMENT YEARLY INSPECTION <br />In accordance with Rule 4.05.9(14), all impoundments shall be inspected at least yearly to <br />determine if the impoundment has been maintained as designed, and in accordance with the <br />approved plan and the applicable regulations. This yearly inspection is for the impoundments <br />located at the Bear No. 3 Mine. <br />On March 14, 2007, I performed the required yearly inspections. I, J. E. Stover, have a wide <br />variety experience in the design and construction of earth fill embankments. Nothing was <br />observed during the inspection that would indicate the ponds have a potential for failure. There <br />was no appearance of erosion, instability, structural weakness or other hazardous conditions. <br />There are no required monitoring procedures or instrumentation other than quarterly and yearly <br />inspections. There are no aspects which might affect stability and there is no required <br />maintenance. The sediment pond was impounding water. The water was about 1-foot below <br />the level of the primary spillway at about elevation 6002. There was no discharge from the <br />sediment pond. The treatment pond was full and discharging about 10 gallons per minute. The <br />water elevation in the treatment pond was about 6006. <br />The ponds/impoundments have the following approximate capacities: <br />IMPOUNDMENT CAPACITIES -ACRE FEET <br /> Water Sediment Total <br />Sediment Pond <br />Treatment Pond 0.75 <br />N/A 0.15 <br />0.88 0.90 <br />0.88 <br />Notes: <br />1. Sediment capacities are based on as-built pond configuration. Sediment capacities may <br />be less than shown in the table because of interim sediment accumulation. <br />2. The capacity of the sediment pond is presented on drawing 11-3 revised 7-28-93. The <br />capacity of the treatment pond is calculated based on the surface area shown on <br />drawing 11-4 and an assumed depth of three feet. <br />To the best of my knowledge and belie~,~e impoundments have been maintained as designed <br />and in accordance with the appr~~~ ~Idrr~'~`~i~applicable regulations. <br />Ja~t~ L: Stonier' "a ~ ~ Date <br />Color~Professional E~neer <br />Regf'tlpn No. 192,3~~, <br />0 <br />~~ ~(~~GOOC O~~ ~i S,e9 ~(Y <br />®Q~u tr;~ . <br />